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Peter N. Hall

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Education

J.D., Vanderbilt University Law School, 2004; Order of the Coif; Associate Editor, Law Review; Elliot E. Cheatham Scholarship; Dean’s Scholarship

B.A., summa cum laude, with honors, The Ohio State University, 2001; University Honors Scholarship

Honors

Listed, Super Lawyers magazine, Georgia Super Lawyers, “Rising Star,” 2012-2015

Listed, Georgia Trend magazine “Legal Elite”, 2013

Bar Admissions

Georgia

Court Admissions

Northern District of Georgia

Supreme Court of Georgia

Georgia Court of Appeals

U.S. Supreme Court

Profile

Mr. Hall focuses his practice on the nationwide representation of businesses in all facets of labor and employment law, with an emphasis on litigation matters. In the last two years, Mr. Hall has litigated matters in California, Texas, Louisiana, Georgia, Florida, West Virginia, Pennsylvania, Rhode Island, and Michigan. He successfully litigated numerous complex and contentious matters across the country, including obtaining multiple defense verdicts in FLSA overtime arbitrations for oilfield services companies in the last year. Mr. Hall has also won summary judgment on independent contractor v. employee status, FLSA-exemption status, and joint employment issues for several clients in multiple industries, including oil/gas and cable/telecommunications.

In addition to the wage-and-hour class and collective actions that form the majority of his practice, Mr. Hall has prosecuted numerous claims against former employees who have misappropriated trade secrets, unlawfully accessed protected computers, and breached noncompete and nonsolicit agreements. He has obtained TROs, preliminary injunctions, and even contempt sanctions for clients whose valuable business information has been put at risk. Mr. Hall’s litigation experience runs the gamut of employment laws, including cases arising under Title VII, ADA, ADEA, FMLA, FLSA, ERISA, USERRA, CFAA, and numerous state-law equivalents. Mr. Hall has also developed an expertise in litigation with entities certified under the Department of Transportation’s Disadvantaged Business Entity (DBE) and Airport Concessions Disadvantaged Business Entity (ACDBE) programs.

Practice Areas

Labor and Employment

  • Class, collective, and hybrid wage/hour actions
  • FLSA and state wage/hour issues
  • Discrimination, harassment, and retaliation cases
  • Restrictive covenants (non-competition, non-solicitation, and non-disclosure)
  • Unfair competition, misappropriation of trade secrets, commercial theft, and intellectual property litigation
  • State and federal computer fraud and computer theft statutes, and computer forensic investigations
  • Independent contractor issues
  • Training managers and supervisors on discrimination, harassment, retaliation, FMLA, workers’ compensation, eDiscovery, wage/hour, and union avoidance issues
  • Employment, separation, bonus, restrictive covenant, and settlement agreements
  • ERISA litigation

General Commercial Litigation

  • Franchise litigation, including breach of contract, trademark infringement, and unfair competition
  • Contract litigation, including breach of contract, good faith and fair dealing, breach of warranty, and industrial accidents
  • Tortious interference with contract and business relationships
  • Deceptive and unfair trade practices
  • Fraud and misrepresentation
  • Securities fraud

Significant Cases

  • Defeated nationwide conditional certification of class/collective wage-and-hour action brought in Pennsylvania by putative class of oil and gas pipeline inspectors. With the denial of certification, the company’s exposure was reduced from overtime claims asserted by hundreds of inspectors to the claim of just a single inspector who had worked for just six months.
  • Defeated nationwide certification of overtime arbitration demand on behalf of oilfield services company. When seven former employees brought overtime claims in individual arbitrations, we obtained defense verdicts in the first three arbitrations before three different arbitrators. The remaining four individual claims were settled shortly afterwards.
  • Obtained multiple summary judgment awards in Louisiana and Rhode Island on behalf of cable company in class/collective wage-and-hour actions brought by installation technicians. After demonstrating that the cable company was not a “joint employer” of the installation technicians, all claims against our client were dismissed.
  • Obtained summary judgment in claim brought by insurance sales agent in California for wage/hour violations and religious discrimination. By focusing on our client’s independent contractor relationship with the plaintiff, all of her claims were dismissed with prejudice.
  • Successfully brought suit against Department of Labor, Employee Benefits Security Administration to end years-long ERISA investigation of financial services company. After we brought a preemptive lawsuit designed to bring about the end of the investigation, the agency agreed to terminate its investigation with no finding of wrongdoing on the part of our client.
  • Obtained summary judgment in Florida on behalf of private fire protection company in overtime collective action and retaliation lawsuit brought by former fire chief and current firefighter/EMS technician.
  • Obtained TRO and preliminary injunction on behalf of airport concessionaire whose CFO had breached restrictive covenant agreements and taken confidential information to a new employer. The case settled on favorable terms shortly after we took expedited discovery of the defendants.
  • Obtained TRO and interlocutory injunction on behalf of oilfield services business whose former Network Administrator had hacked back into the company’s computer systems. Working with our client’s IT staff and forensic experts, we were able to demonstrate that the defendant had planted evidence onto a bogus computer in an effort to hide the real computer he had used for his hacking activities. After an evidentiary hearing, the defendant was held in contempt and incarcerated until he complied with the Court’s orders.
  • Represented power generation services company in action against former executives and competitor they ultimately joined for breach of restrictive covenants, theft of trade secrets, breach of fiduciary duty, and unfair competition. After a two week trial, the jury returned a total verdict of more than $30 million for our clients.
  • Represented international pharmaceutical company in several putative ERISA and securities fraud class actions arising out of plaintiffs’ exercise of put rights in employee stock bonus plan shortly before merger announcement. Obtained summary judgment against multiple plaintiffs and obtained a complete defense verdict following two week jury trial in one of the related actions. 
  • Represented university in action brought by former professor. After years of litigation, university succeeded in having professor held in contempt, his claims dismissed, and attorneys’ fees awarded to university. The decision has withstood challenges in the Georgia Court of Appeals, Georgia Supreme Court, and U.S. Supreme Court. 
  • Represented large franchisor of quick-service restaurants in action brought by former franchisee. Obtained summary judgment, damages, and attorneys’ fees for franchisor.
  • Represented international pharmaceutical company in claim by former executive alleging gender and pregnancy discrimination and violations of the FMLA. All claims were ultimately dismissed, a result upheld on appeal.
  • Represented former professional basketball players in pursuing ERISA claims for pension benefits. 
  • Represented client in heavy-industry services field in case involving theft of trade secrets, breach of restrictive covenants, and unfair competition. After obtaining spoliation sanctions against defendants, matter settled immediately before trial on favorable financial terms and with permanent injunctive relief. 
  • Represented executives of large insurance company against claims for tortious interference with contract asserted by former employee. Settled on favorable financial terms the night before trial.

Articles & Publications

  • Co-Author, "Employment in the Age of Social Media," SHALE Oil & Gas Business Magazine, March 2018
  • Co-Author, "New DOL Guidance Seeks to Expand FLSA Liability to More "Joint" Employers," Corporate Compliance Insights, February 2016.
  • Co-Author, “Risky Business: Litigating Retaliation Claims,” The Journal of the ABA Section of Labor & Employment Law, Volume 28, Number 3, Spring 2013
  • Co-Author, “Misclassifying a Misclassification Claim: Using Unfair Trade Practices Statutes to Assert FLSA Claims,” ACI 11th National Forum on Wage & Hour Claims and Class Actions, January 2011
  • Author, “Addressing Blogging by Employees,” The National Law Journal, June 6, 2005
  • Author, “Bucking the Trend: The Unsupportability of Index Providers’ Imposition of Licensing Fees for Unlisted Trading of Exchange Traded Funds,” Vanderbilt Law Review, April 2004

Seminars & Presentations

  • Panelist, “Retaliation and Whistleblowing Claims,” ACI’s EPLI Conference, July 28, 2015
  • Speaker, “Retaliation: How to Avoid Being on the Wrong End of the Hottest Trend in Employment Law,” GEM Presentation, SHRM Atlanta – Buckhead, January 15, 2013
  • Speaker, “Information Privacy and Security – Working Remotely, Social Networking, Employee Monitoring,” 22nd Annual SHRM-Atlanta HR Conference, Atlanta, GA, March 13-14, 2012
  • Speaker, “Privacy and Social Media: The Rewards and Pitfalls of Social Networking in the Workplace and Managing Risk with the Claims that Arise,” 21st Annual SHRM-Atlanta HR Conference, Atlanta, GA, October 17-18, 2011
  • Speaker, “Labor Union Avoidance: Countering Labor’s Aggressive New Organizing Strategies,” GEM Presentation, SHRM Atlanta, December 2010
  • Speaker, “A Breach of Security in an Electronic Age: The New Risks and Realities for HR Managers with the Theft of Electronic Records,” SHRM Atlanta HR Conference, Atlanta, GA, October 18, 2010

Professional Affiliations

  • American Bar Association
  • Georgia Bar Association

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